Immigrationboards.com

Dear All,

I am non EU citizen, i have been with my for 2 years and 3 months and recently we separated and I am thinking what will happen to my status if she asks for divorce!!! i would like to know if I will be able to apply for Right of Residence in case we initiate the divorce before the three years is over and also will it help if i don't accept the divorce and defend it?

Would be much appreciated, if you guys can advice me what to do as I have no idea what actions should I take?

Regards,
Simo

simo1985 wrote:Dear All,

I am non EU citizen, i have been with my for 2 years and recently we separated and I am thinking what will happen to my status if she asks for divorce!!! i would like to know if I will be able to apply for Right of Residence in case we start divorce before finishing the three years and also will it help if i don't accept the divorce and defend it

i would appreciate it if you guys can advice me of what to do as i'm really confused and lost at the moment

Regards,
Simo

Hello Simo,

In order to retain your right of residence following a divorce, your marriage need to have lasted at least 3 years and you should have resided in the uk with your spouse for at least 1 year.
1 day less for the required 3 years and you wouldn't qualify unless you have custody of the child you had with the eea national , your spouse died or you where subject to domestic violence.

In your situation I would suggest that you hang in there for a bit more ; ask your spouse to wait before she start procedings . Not accepting the divorce won't make any difference if you don't reach the 3 years limit.

I hope this helps.

Best,

i would like to know if domestic violence will help, as she took money from me since i met her as she had previous problems and now she sorted all her problems and decided to leave

simo1985 wrote:i would like to know if domestic violence will help, as she took money from me since i met her as she had previous problems and now she sorted all her problems and decided to leave

*Evidence of domestic violence
In order to establish a claim of domestic violence evidence should be sought in the form of:
An injunction, non-molestation order or other protection order made against the EEA national (other than an ex-parte or interim order); or
A relevant court conviction against the EEA national; or
Full details of a relevant police caution issued against the EEA national.
Police cautions
Where an applicant claims that the police have issued a caution against the EEA national or have decided to prosecute him or her, the applicant will not be able to produce any documentary evidence to this effect.
Caseworkers will need to make enquiries of the Criminal Records Office (CRO) of the Police Force covering the area where the incident took place. (See Chapter 8 of the IDIs).

Where the police confirm that a caution was issued to the sponsor for domestic violence against the applicant this will be sufficient for us to issue confirmation of a continuing right of residence.
Where the police confirm that there is a prosecution pending we should not issue a Residence Card until the charge has been proved and the EEA national found guilty. In these cases the applicant should be granted further leave to remain for periods of 6 months at a time, subject to the same conditions, until the outcome of the prosecution is known. The police have asked us not to make progress enquiries in these cases as this would place an unnecessary burden upon their staff.
Where the non-EEA claims they are waiting for a court hearing for a Court Order, a decision on the application may be delayed pending the outcome of that hearing, provided evidence is received from the Court confirming the case has been listed to be heard, and the date of the hearing. An ex-parte application is normally heard on the day of application and the date for the full hearing (if there is to be one) is normally within 7 days. Every effort is made by the court to resolve the case on the date set, but where the case is complicated and likely to last a full day it may be re- listed but will be given priority and will be heard at the earliest opportunity. It is therefore most unlikely that there will be any significant delay.
Other acceptable proof of domestic violence
It is often difficult for victims of domestic violence to produce the documentary evidence of violence and there is often an unwillingness or insufficient evidence to take the matter to court. Although caseworkers should still try to obtain police or court evidence confirmation of domestic violence, where this is not possible, acceptable evidence may take the form of more than one of the following:
A medical report from a hospital doctor confirming that the non-EEA has injuries consistent with being a victim of domestic violence;
A letter from a family practitioner who has examined the non-EEA and is satisfied that the applicant has injuries consistent with being a victim of domestic violence;
An undertaking given to a court that the perpetrator of the violence will not approach the non-EEA who is the victim of the violence;
A police report confirming attendance at the home of the non-EEA as a result of a domestic violence incident;
A letter from a social services department confirming its involvement in connection with domestic violence;
A letter of support or report from a women's refuge.

well the thing is I could not speak at that time or take any action, as I was scared and she also knows that I still need her regarding my visa, she decided to treat me like this and every time she asks for money I have to provide it and obey her, another thing is that she does not let me go to see my family back home, as she allows me to go only once a year...last thing she did is she let me go on holiday and after 10 days she texted me that she is preparing to move out and she no longer want to see me, when I said i'm gona come earlier she said don't come to the house until I move out, I left my family and got back and could not even spend my only holiday the way I want, she told me to wait until she moves then I can come back to the house!!!! so what should I call this? isn't it a real domestic violence

simo1985 wrote:well the thing is I could not speak at that time or take any action, as I was scared and she also knows that I still need her regarding my visa, she decided to treat me like this and every time she asks for money I have to provide it and obey her, another thing is that she does not let me go to see my family back home, as she allows me to go only once a year...last thing she did is she let me go on holiday and after 10 days she texted me that she is preparing to move out and she no longer want to see me, when I said i'm gona come earlier she said don't come to the house until I move out, I left my family and got back and could not even spend my only holiday the way I want, she told me to wait until she moves then I can come back to the house!!!! so what should I call this? isn't it a real domestic violence

This is not a domestic violence.

Domestic violence explained above.
In your relationship if money is involved and if she is a blackmailer,then this is called a sham marriage.

It is a myth, in my view, that Domestic violence has to be purely physical.

Someone can undergo psychological and emotional abuse from their partner, in a domestic setting, in some circumstance it can have a tremendously negative effect than a physical form of abuse.

Blackmailing your partner, and causing him undue distress, can amount to an emotional form of domestic violence, depending on the circumstance.

It is one party overpowering the other.

The marriage might have been genuine, but then one partner chooses to become domineering or too overbearing, threatening the other spouse, depriving them of any self-respect or dignity.

I am not saying that the previous poster fall into that category, but an open mind in these situation is warranted.

Hi Imshzd, would you be able to let me know where you found this info? a URL would be very helpful. Many thanks!

Imshzd wrote:

simo1985 wrote:i would like to know if domestic violence will help, as she took money from me since i met her as she had previous problems and now she sorted all her problems and decided to leave

*Evidence of domestic violence
In order to establish a claim of domestic violence evidence should be sought in the form of:
An injunction, non-molestation order or other protection order made against the EEA national (other than an ex-parte or interim order); or
A relevant court conviction against the EEA national; or
Full details of a relevant police caution issued against the EEA national.
Police cautions
Where an applicant claims that the police have issued a caution against the EEA national or have decided to prosecute him or her, the applicant will not be able to produce any documentary evidence to this effect.
Caseworkers will need to make enquiries of the Criminal Records Office (CRO) of the Police Force covering the area where the incident took place. (See Chapter 8 of the IDIs).

Where the police confirm that a caution was issued to the sponsor for domestic violence against the applicant this will be sufficient for us to issue confirmation of a continuing right of residence.
Where the police confirm that there is a prosecution pending we should not issue a Residence Card until the charge has been proved and the EEA national found guilty. In these cases the applicant should be granted further leave to remain for periods of 6 months at a time, subject to the same conditions, until the outcome of the prosecution is known. The police have asked us not to make progress enquiries in these cases as this would place an unnecessary burden upon their staff.
Where the non-EEA claims they are waiting for a court hearing for a Court Order, a decision on the application may be delayed pending the outcome of that hearing, provided evidence is received from the Court confirming the case has been listed to be heard, and the date of the hearing. An ex-parte application is normally heard on the day of application and the date for the full hearing (if there is to be one) is normally within 7 days. Every effort is made by the court to resolve the case on the date set, but where the case is complicated and likely to last a full day it may be re- listed but will be given priority and will be heard at the earliest opportunity. It is therefore most unlikely that there will be any significant delay.
Other acceptable proof of domestic violence
It is often difficult for victims of domestic violence to produce the documentary evidence of violence and there is often an unwillingness or insufficient evidence to take the matter to court. Although caseworkers should still try to obtain police or court evidence confirmation of domestic violence, where this is not possible, acceptable evidence may take the form of more than one of the following:
A medical report from a hospital doctor confirming that the non-EEA has injuries consistent with being a victim of domestic violence;
A letter from a family practitioner who has examined the non-EEA and is satisfied that the applicant has injuries consistent with being a victim of domestic violence;
An undertaking given to a court that the perpetrator of the violence will not approach the non-EEA who is the victim of the violence;
A police report confirming attendance at the home of the non-EEA as a result of a domestic violence incident;
A letter from a social services department confirming its involvement in connection with domestic violence;
A letter of support or report from a women's refuge.